FOR2609
ASSIGNMENT 2 (SEMESTER 2)
DUE DATE: 16 September 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than …September 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
In your own words provide your understanding of the term “previous consistent statement”. (10)
ANSWER:
A "previous consistent statement" refers to an earlier statement made by a witness before testifying
in court that aligns with their testimony given during trial. In legal proceedings, witnesses can be
questioned about these previous statements, but generally, they are inadmissible in court as they
are viewed as self-serving and do not add significant weight to the credibility of the witness's current
testimony. The rationale behind this is that a person who tells the same story multiple times is not
necessarily telling the truth but merely repeating the same version.
However, the law recognizes exceptions. One important exception is when the credibility of the
witness has been challenged during cross-examination, particularly if they are accused of fabricating
their testimony recently. In such cases, a previous consistent statement can be admitted as evidence
to show that the witness has been consistent in their account over time and did not fabricate their
story in response to current legal proceedings.
ASSIGNMENT 2 (SEMESTER 2)
DUE DATE: 16 September 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than …September 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
In your own words provide your understanding of the term “previous consistent statement”. (10)
ANSWER:
A "previous consistent statement" refers to an earlier statement made by a witness before testifying
in court that aligns with their testimony given during trial. In legal proceedings, witnesses can be
questioned about these previous statements, but generally, they are inadmissible in court as they
are viewed as self-serving and do not add significant weight to the credibility of the witness's current
testimony. The rationale behind this is that a person who tells the same story multiple times is not
necessarily telling the truth but merely repeating the same version.
However, the law recognizes exceptions. One important exception is when the credibility of the
witness has been challenged during cross-examination, particularly if they are accused of fabricating
their testimony recently. In such cases, a previous consistent statement can be admitted as evidence
to show that the witness has been consistent in their account over time and did not fabricate their
story in response to current legal proceedings.
